Honolulu Government Liability Attorneys

In 1946 the Federal Tort Claims Act (FTCA) was passed allowing victims to sue the federal government under certain conditions, if it was determined that an at-fault government employee was acting within their job scope at the time of the incident that caused an injury.

Before the Federal Tort Claims Act (FTCA) the federal government was protected from being sued by what was known as “sovereign immunity.” Because the government had sovereign immunity, you were only able to sue them, if they consented to being sued…yes, you heard that right.

But there are guidelines you must follow when filing a claim against the government, including a requirement that you file a “notice of claim” within a certain period of time as specified under laws, rules, and regulations that govern the particular governmental person, entity, or agency. Please note that filing a “notice of claim” is different from filing a lawsuit. In general, a notice of claim must provide specific information about the claim and the parties, as well as a sum certain amount, which is the specific dollar amount that you are seeking. It is important that you follow these applicable guidelines if you plan to successfully win your claim against a federal, state, or local government entity or employee.

Do you think you have a case involving Injuries Caused by Government? First you need to determine if your claim is against a federal, state, or municipal agency. If your claim is against the federal government, you might be able to sue the federal government for negligence under the Federal Tort Claims Act (FTCA). If the claim involves a state or municipal agency, then state law would generally apply.

Federal Tort Claim examples include:

• Medical malpractice by a doctor at a VA hospital.
• Slip and fall injury that happens at a post office.
• Car accident caused by a federal agent.

Once a notice of claim is served on the appropriate governmental employees and/or entities as required under applicable state or federal law, the government has a limited time to respond. However, if no response is received, the claim is generally considered denied. The next step would be filing lawsuit, the timeline for which is also limited under state or federal law. If you do not comply with the requirements for a notice of claim, your lawsuit may be subject to dismissal.

If you think you may have a valid claim against a government agency, it’s important that you consult with an attorney who has experience with these types of claims. Having an experienced Hawaii civil litigation attorney handle your case can make all the difference in the outcome of your claim. If you have been harmed because of government negligence in Hawaii, contact the Attorneys for Freedom Law Firm or call us at 808-647-2423.

Hawai’i Office Address:
1003 Bishop Street, Suite 1260 Pauahi Tower
Honolulu, Hawai’i 96813
Phone: 808-647-2423